Healthy Families Act Introduced to Congress

Legislation potentially impacting employees and their families was recently introduced by co-sponsors Representative Rosa DeLauro (D-CT) and Senator Edward Kennedy (D-MA). Dubbed The Healthy Families Act, the bill would require employers to provide employees with up to 56 hours of paid sick leave annually. If you wish to follow these bills they are House bill (H.R. 2460) and Senate bill (S. 1152)….respectively. Read the full Article

New revisions to FMLA proposed — Here we go again!!

Two new bills were recently introduced to congress that seek to once again amend the Family and Medical Leave Act (FMLA) of 1993 and its regulations. I haven’t seen details of the revisions of the revisions yet.

The Family and Medical Leave Restoration Act (H.R. 2161) seeks to nullify the new DOL regulations, restore prior ones, and direct the Secretary of Labor to revise additional regulations under this Act. The Family and Medical Leave Inclusion Act (H.R. 2132) would amend the FMLA to permit eligible employees to take up to twelve weeks of unpaid leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling or grandparent who has a serious health condition. Read the full Article

FMLA and Substance Abuse

We get many inquiries regarding whether substance abuse is a qualifying condition under the Family Medical Leave Act and therefore entitled to protection. Whether the issue of substance abuse is your own or that of a qualifying family member there are very important parameters regarding this matter under the FMLA. It is very clear that an employer is not required to provide protection for ANY absence that results from USE of the substance (including incapacity and illness resulting from use of the substance) but what is covered is TREATMENT for recovery of the substance abuse. Read the full Article

New House Bill Proposes Paid Family Leave

Although a few states offer paid family leave protection to their residents, making it a federal program has thus far been an uphill battle. Supporters of paid family leave recently made another attempt to pass legislation on March 25, 2009. I have read this bill and personally I am opposed to the legislation….I think it goes too far. Just the fact that it would force an employer who employs as few as two people to grant paid leave and provide job and benefits protection would be an incredible burden. This is a preview of "New House Bill Proposes Paid Family Leave".

Read the full Article

Case Profile - Retaliation for Exercising FMLA Rights

Today I worked with an employee who is having a serious issue with her manager.  This employee had asked for FMLA protected leave to care for her father to who had a qualifying serious health condition.  Subsequent to her request the appropriate HR professional within the company did approve the request, essentially approving all future leave related to the condition and therefore all leave needed to care for her father.

The reason I was contacted to assist was that even though the request had been approved the employee felt she was suffering retaliation for requesting leave from her front line manager.  The FMLA regulations are very clear in prohibiting any type of retaliation for exercising FMLA rights. Read the full Article

Department of Labor Announces Final Rule on the Family & Medical Leave Act

The US Department of Labor recently issued its long-awaited Final Rule under the Family & Medical Leave Act.  The 200+ page document is the culmination of a two year consultation and review process.  The November 17th, 2008 Federal Register provides commentary and discussion regarding the proposed rules and the Departments rationale for the final rules provided.  There are significant changes to what already is a very complex and technically difficult statute.  The Final Rule revisions became effective on January 16th, 2009.

Family Medical Leave Advisors is preparing a variety of updated training programs, seminars and overviews of the revised regulations.  We are working with our clients to help them understand these changes and modify their policies and practices accordingly. Read the full Article

Family Medical Leave

Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period for the following purposes:

• the birth of a son or daughter of the employee and the care of such son or daughter;
• the placement of a son or daughter with the employee for adoption or foster care;
• the care of spouse, son, daughter, or parent of the employee who has a serious health condition; or

Read the full Article

Gov. Corzine signs Paid Family Leave Act

With the stroke of Gov. Jon Corzine’s pen, New Jersey today became the third state in the nation to enact a law to let employees take up to six weeks off a year with limited pay to care for a new child or a sick relative.

The paid Family Leave Act was 12 years in the making, and has been strongly opposed by business associations and employers. It would allow workers to apply for up to six weeks off to care for a newborn or newly adopted child, or a sick parent, spouse or child. They could collect up to two-thirds of their pay, to a maximum of $524 a week. Read the full Article